HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: March 14, 2024
RE: City Commission Meeting — March 14, 2024
Proposed Settlement — Andrew Smoak v. City of Miami, pending in the
Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida.
Case No.: 2021-10714 CA 01
File No.: 15548
The proposed Resolution seeks authorization for the settlement of the pending
lawsuit of Andrew Smoak against the City of Miami in the amount of $75,000.00, in the
matter of Andrew Smoak v. City of Miami and State Farm Mutual Automobile Insurance
Company, pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -
Dade County, Florida, Case No. 2021-10714 CA 01.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the above amount will be
paid from the General Liability Account No. 50001.301001.54501 1.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/LMA
City of Miami
Legislation
Resolution
Enactment Number: R-24-0094
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15548 Final Action Date:3/14/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY ANDREW SMOAK, WITHOUT ADMISSION OF LIABILITY, THE
TOTAL SUM OF $75,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES,
AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES
(COLLECTIVELY, "CITY") IN THE CASE STYLED ANDREW SMOAK VS. CITY OF
MIAMI AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 2021-10714 CA 01, UPON
THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS
BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF
THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
50001.301001.545011.0000.00000.
WHEREAS, on March 7, 2019, Andrew Smoak ("Smoak") was involved in a pedestrian
motor vehicle accident at or near the intersection of Southwest 32nd Avenue and Oak Avenue
which resulted in alleged personal injuries to Smoak; and
WHEREAS, Smoak and the City of Miami ("City") are engaged in litigation in the Circuit
Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 2021-
10714 CA 01 concerning a claim of negligence; and
WHEREAS, Smoak has made claims against the City for his personal injuries; and
WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit
pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as
amended, and recommends that said claims and lawsuit be settled for the total aggregate sum
of $75,000.00, including the claims for attorneys' fees, with $75,000.00 to be paid to Smoak;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The Director of Finance is authorized' to pay Smoak, without admission of
liability, the total sum of $75,000.00 in full and complete settlement of any and all claims and
demands, including all claims for attorneys' fees, against the City and its officers, agents, and
employees in the case styled Andrew Smoak vs. City of Miami and State Farm Mutual
Automobile Insurance Company, pending in the Circuit Court for the Eleventh Judicial Circuit in
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
and for Miami -Dade County, Florida, Case No.: 2021-10714 CA 01, upon the execution of a
general release of all claims and demands brought for negligence pending in state court and a
dismissal of the City and its officers, agents, and employees with prejudice, with funds allocated
from Account No. 50001.301001.545011.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity ttor ey 2127/2024